Inherent Powers of the Court under Kenya Civil Procedure Law

In a case where jurisdiction exists, but no procedure is provided for it is the duty of the judge or the magistrate to mount a convenient form of procedure which would serve the ends of justice.  The court should not refuse to do justice just because there is no procedure provided for.  This is the inherent power of every court, the power saidunder Section 3A of the Act.  This section does not confer any powers, it indicates there is power to make such orders as may be necessary for the ends of justice to be met and to prevent abuse of court.  This power is conferred in every court.  3A has emerged as an omnibus provisionThe word ‘Inherent Power’ has not been defined by any court but an attempt has beenmade in the following case.Mistreal Trust Co v Churchill Forest Industries (Manitoba) Ltd [1971] 21 DLR 3rd ed) at P 75 Sir Jack I.H. Jacob attempted to define inherent jurisdiction. “inherent jurisdiction is the reserve or fund of powers, a residue source of powers, which the court may draw upon as necessary whenever it is just or equitable to do so, and in particular to ensure the observes of the due process to prevent improper vexation or operation, to dojustice between the parties and to secure a fair trial between them.”The nature of inherent jurisdiction is to compare it with other jurisdiction.